On May 1, the Fifth U.S. Circuit Court of Appeals blocked the mailing of mifepristone, one of the most widely used abortion medications in the country, threatening access for patients already facing a shrinking number of clinics nationwide. Although the Supreme Court temporarily stayed the ruling earlier this month, Justice Clarence Thomas’ dissent revealed something even more alarming: a renewed effort to resurrect the Comstock Act, a 19th-century anti-obscenity law once used to criminalize the mailing of abortion- and contraception-related materials.
The Comstock Act’s history is deeply tied to censorship, moral policing and attacks on marginalized communities. Under its broad and subjective definition of “obscenity,” authorities targeted contraception, abortion information, sexual health materials, queer literature and even works of classical art. Its reproductive restrictions disproportionately harmed poor and working-class women, who were often cut off from the safest and most affordable forms of care.
Today, antiabortion activists are once again looking to Comstock as a tool to restrict abortion nationwide—this time through the courts. Thomas’ explicit invocation of the law in the mifepristone fight signals how far-right legal movements are attempting to revive long-discredited morality laws to roll back reproductive freedom and other established rights.